MORE than 400 people have been cautioned or fined for smoking in cars with children in South Australia since the controversial law was introduced. Since then, police have fined 317 people and cautioned 85. Offenders can be issued with an on-the-spot fine of $75 and if it proceeds to court, the maximum penalty is $200.A woman was recently convicted for the offence in NSW just three months after that state brought in the new laws.

A report in the latest Tobacco Control Journal on public attitudes to the law said smoking in cars is "highly dangerous" to the smokers and others. The article - titled Public attitudes to laws for smoke-free private vehicles: a brief review - said the resulting "fine particulate matter" levels can be as high as in a smoky pub and much higher than World Health Organisation recommended guidelines.

PAPER: Public attitudes to laws for smokefree private vehicles: A brief review, George Thomson, Nick Wilson, University of Otago, Wellington, New Zealand, Tob Control. Published Online First: 3 December 2008, ABSTRACT..

The chief executive of Cancer Council SA, Professor Brenda Wilson, said 95 per cent of the community supported smoke-free cars. "Statistics show that children exposed to passive smoking show greater likelihood of lower respiratory infections, sudden infant death syndrome, ear infections and severity of asthma symptoms," she said. "They are also at an increased risk of becoming smokers themselves later in life. "Therefore, it is crucial that children are not exposed to the dangers of passive smoking, particularly while in the enclosed space of a car.

"While the primary aim of the ban was to protect children from the harmful effects of passive smoking, we have found that the new legislation prompted some individuals to think about quitting or cutting back their consumption which is a fantastic result."

Substance Abuse Minister Dr Jane Lomax-Smith said she was glad the smoke-free message was getting through. "In 2008, 82 per cent of cars (from households with children 14 and under) were smoke-free, a vast improvement on the 2007 figure of 73 per cent," she said.

"The State Government is serious about improving the health of all South Australians, and banning smoking in cars when children are present is just one of the measures we have taken to reduce the number of tobacco-related illnesses and deaths.

November 7, 2009 - LIMBANG: ‘Kemt’ and ‘Pally’ are names that trigger an anxiety attack among parents here. They are cigarette-shaped sweets that are packaged like cigarettes. At first glance, the sweet boxes look like real cigarette boxes. Parents are worried that such sales gimmick may eventually tempt children to start smoking.

Ibrahim Tapa, 38, said the products, known as ‘Smoke Candy’ here, were believed to be imported from China and were sold at 50 sen per box.

This kind of gimmick by traders goes against the government’s anti-smoking policy, where millions of ringgit (1 Malaysian ringgit = 0.296252 U.S. dollars) is spent to discourage people from picking up the smoking habit and is making a mockery of the government’s effort to create a healthy society.”

A Borneo Post survey here showed that several traders were selling ‘Smoke Candy’ openly. The authorities were unaware of the sale of such products but said such sweets are banned under the Control of Tobacco Act, 2004 and the Food Act, 1983.

“The Ministry of Health and Ministry of Domestic Trade, Cooperatives and Consumerism have asked the public to provide more information so that they could take action.

A federal judge has turned down a request by the nation's No. 2 cigarette-maker and others to immediately halt enforcement of new federal regulations on tobacco products.

Their challenge to new U.S. Food and Drug Administration powers to regulate what tobacco firms say about their products has little likelihood of success, except on one point, Judge Joseph H. McKinley Jr. of the U.S. District Court in Bowling Green, Ky., ruled yesterday.

Because of that, and because the businesses couldn't show they faced irreparable harm, McKinley rejected tobacco companies' request for a preliminary injunction stopping FDA enforcement of rules limiting what they say about products they believe reduce the risk of using tobacco.

"The agency is pleased that the court denied this attempt to keep FDA from enforcing crucial public health legislation," spokeswoman Kathleen K. Quinn said.

The ruling doesn't bar the tobacco companies from continuing to argue their case as the regulations take effect, however.

R.J. Reynolds Tobacco, the second-largest manufacturer of cigarettes, was disappointed in the judge's ruling and is considering its options, spokesman David Howard said. No. 3 Lorillard Tobacco remains committed to the suit, even though it didn't join in the request for an injunction, spokesman Michael W. Robinson said. "The overly broad provisions contained in the new law infringe on our right as a responsible company to communicate truthful messages about a legal product to adult consumers," he said.

The companies are challenging FDA powers to regulate what they say about "reduced-risk" tobacco products. So far, no companies are claiming they have products that reduce the risk of using tobacco.

But the companies argued that the FDA powers are so sweeping that they would affect almost any communication about their products. They said the provision in this year's law giving the FDA those powers was "a viewpoint-based restriction on core First Amendment" rights.

The FDA argued that its powers were meant to let it assess any claims of reduced risk.

The judge said the FDA's arguments were supported by Supreme Court and appeals court rulings upholding regulators' power to limit what companies can claim about their products. He ruled that the agency demonstrated that the dangers to the public it cited were real, noting the tobacco industry's history of suppressing information about the risks of smoking.

McKinley said the tobacco companies might have a better case with their argument that the law did not provide a reasonable limit on the time the FDA could take to review company statements about tobacco products.

Henrico County-based Altria Group Inc., parent of the biggest U.S. cigarette-maker, Philip Morris USA, and the biggest smokeless firm, US Smokeless Tobacco, did not join the suit. Unlike the other cigarette-makers, Altria supported FDA regulation.Spokesman William Phelps declined to comment on yesterday's ruling.

PASS THIS LAW.. - In the U.S. Senator Herb Kohl is sponsoring a bill which would clamp down on illegal tobacco sales. H.R. 1676, the Prevent All Cigarette Trafficking Act (the PACT Act) of 2009, was passed 397-11 by the House of Representatives on Thursday, 5/21/2009. This legislation is extremely important, it will effectively end Internet and telephone tobacco smuggling by stopping shipments of cigarettes and smokeless tobacco through the U.S. Postal Service. FedEx, UPS, and DHL have already agreed not to mail tobacco. (Let's Get It Passed - Prevent All Tobacco Trafficking Act of 2009..)

The U.S. Food and Drug Administration is enforcing the flavored cigarette ban provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) by issuing several warning letters to companies continuing to sell illegal flavored cigarettes to consumers in the United States through their Web sites.

The warning letters directed the companies to cease the marketing and sale of these products immediately or to take other appropriate action to bring the products into compliance with the law. Failure to do so may result in additional regulatory actions such as seizure or injunction. In addition, FDA requested a written response from each of the companies within 15 days outlining the corrective actions taken.

Enforcement of the flavored cigarette ban is FDA’s effort to remove cigarettes that contain certain candy or fruit flavors from the marketplace. Removal of these products from the market will assist in the prevention of children and adolescents from starting to smoke and in the reduction in death and disease caused by smoking.

“FDA takes the enforcement of this flavored cigarette ban seriously,” said Lawrence R. Deyton, M.S.P.H, M.D., director of FDA’s Center for Tobacco Products. These actions should send a clear message to those who continue to break the law that FDA will take necessary actions to protect our children from initiating tobacco use.”

The Tobacco Control Act, which was passed by Congress and signed by the President in June 2009, specifically called for a ban on cigarettes containing certain characterizing flavors. On Sept. 14, 2009, FDA sent a letter to regulated industry reminding them that the ban would go into effect on Sept. 22, 2009. FDA also stated in the letter that any company who continued to sell such products after the Sept. 22, 2009, effective date may be subject to FDA enforcement actions.

Since the effective date of the ban, FDA has examined products offered for import and searched the Internet to identify illegal products. As a result, FDA issued several warning letters to companies and Web sites that continued to market and sell these illegal products over the Internet to consumers in the United States. The warning letters were the result of Internet searches conducted by FDA’s Office of Enforcement and the Center for Tobacco Products.

November 6, 2009 - Vienna, Austria has the highest percentage of 15-year-old smokers, 25 percent, in Europe, according to a Vienna doctor. Manfred Neuberger, the head of the preventive-medicine division at Vienna Medical University. The doctor added the number of Austrian youth who smoked had been steadily increasing since 1997 and that 145,891 Austrians aged 11 to 17 smoked.

Noting the average age at which young people began smoking had fallen to 11, he said: "The younger one begins, the worse the consequences will be.”Neuberger claimed the government had been doing too little to get young people not to smoke. "It is easier to buy cigarettes than groceries,” he said, adding the government should use the 60 million Euros in cigarette taxes that young smokers paid annually to pay for a prevention campaign.

Neuberger called protection of non-smokers in Austria "a health and political time bomb” and said the country was on the level of the Czech Republic, Slovenia, Hungary, Albania and Serbia in that regard. The doctor cited polls in Styria and Upper Austria that had shown 91 percent of people who visited nightspots felt harmed by secondary smoke and 60 percent of them wanted the law on smoking toughened.

Tamas Fazekas from Vienna’s St. Anna Children’s Hospital called for "an absolute ban on smoking in public areas. We are already finding illnesses in children that previously occurred only in adults.” She warned that pregnant women’s exposure to secondary smoke could lead to premature births and development of asthma in young children. She also claimed exposure of children to secondary smoke made it more likely they would start smoking and noted 80 percent of children of smokers became smokers themselves.

R.J. Reynolds Tobacco Co.'s bid to carve out a "free speech" marketing niche for innovative products received a setback yesterday. On November 5th U.S. District Court judge Joseph McKinley denied a motion for a preliminary injunction by Reynolds regarding the Family Smoking Prevention and Tobacco Control Act, which became law in June. The judge ruled that "the plaintiffs have little likelihood of success" in challenging the modified-risk tobacco-products provision of the law.

The companies said they are trying to "protect their First Amendment right to communicate with adult tobacco consumers about their products."

In reaching his decision, McKinley cited the industry's past marketing of "low-tar" cigarettes as evidence that the "substantial harm to others" factor weighed against the manufacturers' request. McKinley also said that it is in the public interest to uphold the provision "and prevent the sale or distribution of purportedly reduced health-risk tobacco products that do not in fact reduce such risk."A coalition of public-health advocacy groups said in a statement that they "applaud the federal court's decision to quickly and decisively reject the latest attempt by Big Tobacco to frustrate the intent of the new FDA law."

David Howard, a spokesman for Reynolds, said that the company is disappointed by the decision and is evaluating its legal options.

The manufacturers involved in the lawsuit opposed FDA regulation, while Altria Group Inc., the largest U.S. tobacco manufacturer, was in favor. Another reason for the lawsuit is that Reynolds has placed a major emphasis on smokeless-tobacco products to help offset the continuing decline in cigarette sales in the United States.

Some analysts have said that requirement would severely curtail product innovation.However, Adam Spielman, an analyst with Citigroup Global Markets Inc., said he believes that regulation will not undercut Reynolds' smokeless innovations. "The rules on new products do not require sign-off from the FDA if the product is substantially equivalent health-wise to existing products," he said.

The decision comes at a time when the National Cancer Institute has provided grants for a new series of medical studies on smokeless-tobacco products, some focused on whether the products provide a less harmful alternative to conventional tobacco products.

The institute provided $2.9 million to Wake Forest University School of Medicine for a study on developing strategies to encourage reduced use or even quitting smokeless-tobacco products.

"In the past, the tobacco companies actively promoted filtered brands as ‘better for your health' or ‘double-barreled health protection,' " said Dr. John Spangler, a professor of family and community medicine. He is a lead researcher of the Wake study. "I believe more recently it has been implied," he said. "I think there is a wariness on the part of many people about what the tobacco industry does or say it will do."

November 6, 2009 - U.S. District Judge Joseph H. McKinley Jr. of the District Court Western District of Kentucky - Bowling Green, Kentucky ruled Thursday, November 5th that tobacco companies hoping to block new restrictions on their marketing have little chance of succeeding.

The companies including Commonwealth Tobacco headquartered in Louisville, Kentucky had asked the U.S. District Judge to issue a preliminary injunction in a lawsuit they filed in August claiming new tobacco regulations violate their right to free speech. The companies said they are trying to "protect their First Amendment right to communicate with adult tobacco consumers about their products."

The companies, including two of the industry's three largest, are challenging provisions of a law that gave the U.S. Food and Drug Administration new authority over tobacco. In a 29-page decision, McKinley outlined the arguments in the lawsuit and found that blocking the provisions was not warranted. The ruling focused on a narrow portion of the legal challenge dealing with modified-risk tobacco products.

Lorillard did not participate in the request for a preliminary injunction.

Reynolds spokesman David Howard said the company was disappointed in McKinley's ruling and is considering its options. FDA spokeswoman Kathleen Quinn said the agency is pleased that the court "denied this attempt to keep FDA from enforcing crucial public health legislation."

McKinley discussed the overall case in Thursday's opinion and set forth some of the legal standards he'll apply, but he must ultimately decide whether each regulation the companies are challenging violates free speech, said Floyd Abrams, a lawyer representing Lorillard in the case. Abrams said there's no way to tell yet how the judge will react when he receives papers from all the parties in the case and hears their arguments in court.

Richmond, Va.-based Altria Group Inc., parent company of the nation's largest tobacco maker, Philip Morris USA, supported the law and has not joined the industry lawsuit.

The lawsuit — which named the government and individual officials as defendants along with the FDA — doesn't challenge the FDA's authority over tobacco. The law lets the agency limit nicotine in tobacco products, ban candy flavorings and block labels such "low tar" and "light" that seem to offer benefits. The law requires tobacco companies to put large, new graphic warnings over any carton images.

The companies say the law, which takes full effect over three years, prohibits them from using "color lettering, trademarks, logos or any other imagery in most advertisements, including virtually all point-of-sale and direct-mail advertisements." Their complaint also says the law prohibits tobacco companies from "making truthful statements about their products in scientific, public policy and political debates." The tobacco makers say new mandated warnings for cigarettes would relegate their branding to the bottom half of cigarette packaging and make it "difficult, if not impossible, to see."

In its response to the lawsuit, the FDA said the new marketing rules do not restrict free speech and serve a greater public health interest.

Joining in the lawsuit are: National Tobacco Co., Discount Tobacco City & Lottery Inc., and Kentucky-based Commonwealth Brands, which is owned by Britain's Imperial Tobacco Group PLC.

Altria's chief rivals — No. 2 Reynolds American Inc., parent company of R.J. Reynolds, and No. 3 Lorillard, both based in North Carolina — opposed the bill, saying FDA restrictions on new products would lock in Altria's share of the market.

The Petersburg-based company announced today that CigRx, developed by its subsidiary Rock Creek Pharmaceuticals, will be marketed and sold in partnership with inVentiv Health, Inc. The Somerset, N.J., company, which provides commercialization services to the pharmaceutical and health care industries, has sales and marketing capabilities in 40 countries.

“Cigarette smoking is the leading cause of preventable death in the world,” Jonnie R. Williams, Star’s CEO, said in a statement. “However, the global cigarette business, which now exceeds $300 billion, continues to grow. Our goal is to make CigRx available to adult smothers [smokers] worldwide who wish to maintain a nicotine-free metabolism.”

The product, a dietary supplement, does not contain nicotine. It would be taken orally like a throat lozenge, dissolved and swallowed, according to Sara Machir, Star’s vice president of communications and investor relations. CigRX would be directed at people who are trying to quit or who already are abstaining from smoking, she said.

Star Scientific sells smokeless lozenge type tobacco products: Ariva and Stonewall Hard snuff. Star has just come out with a blister pack (packaging in which a product is sealed between a cardboard backing and clear plastic cover) for Stonewall lozenges. We'll have an image of this packaging in our next C-Store Update coming out this weekend.

Tanzania cost-of-arms.. November 5, 2009 The government of Tanzania (a country twice the size of California, located in East Africa, just south of Kenya) told old the National Assembly that it is going to continue supporting tobacco farming despite the increase of cancer cases caused by cigarette smoking since that is not the solution to the problem.

The Deputy Minister for Agriculture, Food Security and Co-operatives, Dr Mathayo David Mathayo said that one of the factors for not stopping the production is that 85 percent of all tobacco produced in the country is exported, thus only the remaining 15 is consumed in the county.“Tobacco farming and production employs 1.3 percent of population, which is equal to 500,000 Tanzanians and their families depending on the crop for their livehoods,” explained Dr Mathayo.

However, the deputy minister acknowledged that cigarette smoking has both long term and short term effects, saying that it is the reason for restrictions in cigarette advertising, health warning on the packets and not allowing it to be sold for persons under 18 years.

“I cannot choose between the economic advantages of tobacco production and the health effects that cigarette smokers get, but the precautions and warnings ensure that those using the product know its effects and are all adults, thus have the ability to make decision for themselves,” he said.

Dr Mathayo was responding to a question by Mr Mohamed Habib Mnyaa (Mkanyageni –CUF) who asked the minister to choose between the two in his supplementary question during the parliament question and answer session this morning. In his principal question, he asked the minister about economic advantages and health effects of tobacco.

November 5, 2009 - What many e-cigarette users have feared from day one could be in the works: Philip Morris, the biggest maker of tobacco cigarettes in the United States, has been discovered to be in negotiations with Ruyan Group, which manufactured the original e-cigarette starting in 2005.

A short news article on Quamnet.com states the seriousness of the matter: “Ruyan Group said that an agreement between the Company and Philip Morris International Management S.A. could not be reached on matters relating to the co-operation between them on its “electronic cigarettes” by the end of the first and exclusive phase of negotiations.”As the Food and Drug Administration has recently been given authority over the tobacco industry, the move by Philip Morris could be a carefully calculated move to gain controlling interest over the products inside the United States and abroad. The motives of the company are unclear at this point, but speculations include everything from wanting to shut the industry down by acquiring the rights to it all the way to possibly launching its own e-cigarette product and taking it mainstream. (E-cigarettes need to establish efficacy and safety - FIRST...)

Ruyan Group's stock trading was suspended on November 2nd pending an announcement on a price sensitive matter. This could be related to a sudden 20% jump in the company's stock price.

But, that isn't the first time Ruyan Group's stock has soared. Back in June, the stock rose over 35% after the announcement that the Company was negotiating with what Quamnet called an “independent third party”. Shortly afterward on July 6th, that third party became known to be Philip Morris. In related news, Ruyan Group also sold their office properties for HK$28.57 million ($3.68 million USD) to an undisclosed buyer on October 23rd.

What this could mean for the e-cigarette industry both in the United States and internationally is uncertain, but what's clear is this: Philip Morris wants in.

November 5, 2009 - Swedish Match's Kardus Superior Blend 2009 - Exclusive vintage snus with a Latin American character. Swedish Match has released various versions of Kardus since 2005. Each vintage has a unique distinctive character and is issued in a limited edition totaling 500, with packaging that also exudes an air of exclusivity – Kardus is delivered in a hand-crafted cherry wood box.

Swedish Match Product Developer Lars Öberg developed this year’s recipe, which has a distinct Latin American character infused with tobacco and rum from the region. “This year’s Kardus takes you on an exotic flavor journey, with hints of the Central American rum tradition and aromatic, high-quality tobacco from Argentina,” Öberg explains.

Kardus is sold by six carefully selected tobacco specialists in Gothenburg, Stockholm and Malmö. The package contains 100 grams of snus and is sold at a retail price of approximately SEK 450.

November 5, 2009 - Saudi Arabia's health ministry is launching a public campaign to make the holy cities of Mecca and Medina smoke-free during this year’s pilgrimage season. The move is a part of a larger health drive for the pilgrimage season that has been spearheaded by the ministry to create a healthier environment for pilgrims and prevent a swine flu breakout among them. Over 2 million people from around the world travel to the two holy cities each year to perform the pilgrimage.

The bid to make the holy cites of Mecca and Medina smoke-free is not a totally new initiative. Saudi’s King Abdullah declared them smoke-free in 2002, and the health ministry has since the struggled to implement the ruling. One factor that has caused difficulties in the implementation of the king’s decision is the language barrier with pilgrims from around the world pouring into Saudi Arabia each year for the Hajj.Speaking to the Saudi English-language daily Arab News, Majed Al-Munif of the health ministry’s Tobacco Control Program said that brochures advertising the anti-smoking campaign are being handed out to arriving pilgrims. “Under the ministry’s Tobacco Control Program, we have printed around 1.5 million leaflets in different languages for distribution among pilgrims — both smokers and nonsmokers,” he said.

To speed up the ministry's goal of making Mecca and Medina free of cigarette smoke, tobacco sales have apparently been banned within a three-mile radius of the two cities and the areas have been declared tobacco-free. Billboards carrying anti-smoking messages have been erected across Mecca and Medina, and pilgrims are being given fliers advertising special clinics that help smokers to quit. Buses transporting pilgrims between sites carry posters about the anti-smoking drive.

Al-Munif said he believes that the Hajj pilgrimage serves as an excellent opportunity for smoking pilgrims to rid themselves of their bad habit. The health ministry has even come up with a slogan that it hopes will serve as an inspiration for pilgrims to put out that cigarette: “Make Arafat Day, a Quit-Smoking Day," in reference to climactic ninth day of the Hajj.

November 4, 2009 - Cayman Islands lawmakers have set a new date for the implementation of a smoking ban in bars and restaurants after deciding a October 30, 2009 deadline could simply not be met. The new date, set out in a legal amendment to the Tobacco Law (Commencement) Order, 2009 will be December 31, 2009. The government missed a deadline of May 31, 2009, which was set by the previous government, to coincide with World No Tobacco Day.

Health Minister Mark Scotland had earlier vowed to have the smoking ban in effect "no later than that date" and said the current government fully intended to implement and enforce the smoking ban. The Tobacco Law was passed in 2008, but its implementation was delayed because government essentially had no way to enforce what had been passed. "There’s been talk of ’the minister doesn’t like the bill,’” Mr. Scotland said Friday, "nothing could be further from the truth."Mr. Scotland said his ministry was still taking input from tourism–related businesses and other companies that sell tobacco products. He said regulations are being drafted and the detail required couldn’t be worked out in time for the October commencement date. The health ministry was hoping to give Cabinet members the final regulations in a few weeks. After that, Mr. Scotland said he would start educational meetings with stakeholders prior to the law taking effect.

The health minister admits some of the penalties being discussed for violation of the law were "a bit stiff" and indicated he wanted to change legal wording to give the courts some options in sentencing first–time offenders. He said he didn’t want to hammer bar and restaurant owners or patrons who hadn’t realized the law was in effect.

Business owners found not to be enforcing smoking bans face a $15,000 fine for a first offence and up to 12 months jail or $30,000 in fines for a subsequent conviction. Individuals caught smoking illegally in a public place face a first–time fine of $2,000 and up to a $10,000 fine for a subsequent conviction. Retailers caught selling to minors will face an initial fine of $5,000 that will increases to $15,000 for subsequent offences.

"Five or so years on, if we see these things happening, then we can be more draconian [exceedingly harsh; very severe]," Mr. Scotland said.

The only part of the Tobacco law that has been implemented is a ban on selling tobacco to minors, which came into effect on 1 May, coinciding with the start of Child Month in the Cayman Islands. The legislation set out fines and potential jail sentences for business owners caught selling tobacco to minors.

Although the smoking ban portion of the law was delayed, many restaurants and bars have preempted the government and implemented their own anti–smoking policies.

That section of the law will ban smoking in bars, restaurants and a number of other public places. Outdoor smoking areas in such establishments are permitted provided they are at least 10 feet away from the entrance and an outdoor non–smoking area is also designated.

Cigar bars are exempt from the law provided they install approved air–extraction and ventilation systems within a year of the law coming into effect. Another section of the law that deals with how retailers display tobacco products in their stores will not be implemented until a later, unspecified date.

The delay in introducing the Tobacco Law comes when countries around the world and throughout the Caribbean have introduced smoking bans. Bermuda began enforcing a smoking ban in October 2006. Puerto Rico went further in March 2007 extending the ban on smoking in confined places including private cars with children younger than 13 inside. The British Virgin Islands followed suit in mid–2007 with a ban on smoking in all confined places. Cuba has banned smoking in most work places, cigarette machines have been removed and it has been illegal to sell tobacco products close to schools since February 2005.

November 4, 2009 - Judge rejects as premature a deadline for lawsuits seeking to recoup smokers’ health-care costs from a Japan Tobacco Inc. (JTI) unit that had been sought by British Columbia, Ontario and New Brunswick. The Canadian provinces want their claims for treating people with smoking-related illnesses included among those of creditors for Japan Tobacco’s insolvent JTI-MacDonald unit. The provinces said they feared nothing would remain if JTI settled a federal lawsuit that seeks to recover lost taxes from cigarette smuggling in the 1990s.

Ontario Superior Court Judge Peter Cumming called the request premature in an October 30, 2009 ruling. The provinces may challenge the company’s plan to exit bankruptcy when it is submitted, the judge said. “There is no plan of arrangement being put forth or even seen at this point on the distant horizon,” Cumming wrote.

JTI-MacDonald, the maker of Export A cigarettes in Canada, entered bankruptcy protection in 2004 after Quebec’s Ministry of Revenue demanded a C$1.4 billion ($1.31 billion) payment for lost taxes from smuggling. The company said at the time it had C$1.81 billion in assets and C$1.8 billion in liabilities.

The judge urged the provinces to proceed with a single lawsuit for their health-care claims outside of bankruptcy. “It seems obvious that it would be both efficient and expeditious to have a single trial,” Cumming wrote. “There will probably be several years of litigation and negotiation ahead before any resolution.” (Canada - tobacco companies may face C$200 billion in claims..)

St. Louis County voters on Tuesday, November 3, 2009 simultaneously made most public places in the county and in the city smoke-free. With light turnout — about 20 percent of the county's 705,000 registered voters — about two-thirds of them favored Proposition N, which, with some exemptions, bans smoking in public places on January 2, 2011. The ban applies to the city also because the Board of Aldermen last month approved a similar measure, contingent on county passage. The city ban, including exemptions, also takes effect January 2, 2011.The county's ban exempts bars that don't sell a lot of food, but does allow municipalities to enact stricter bans. The county's exceptions also include casino gaming floors and the smoking lounges at Lambert-St. Louis International Airport.

Gary Voss, executive director of the Greater St. Louis Bowling Proprietors Association, predicted that 10 of the 21 bowling centers in St. Louis County would close. Smokers would go to competitors in St. Charles or other counties which allow smoking, he said. The county, he said, "doesn't care for the mom-and-pop bowling centers" and favors out-of-state casino owners. Voss predicted that his association would challenge the smoking ban in court. The ban, he said, "is so unfair."

Bill Hannegan, a leading opponent of smoking bans, said he and his supporters soon will consider whether to challenge the constitutionality of the exemption for casinos gaming floors. He called it "special interest" legislation.

November 4, 2009 - More than 50,000 people have signed on to a petition against TabinfoAsia 2009, a global tobacco industry exposition to be held in Thailand from 11-13 November 2009.

The Thai Network Against TabinfoAsia 2009 (TNAT 2009), a partnership of over 500 local and regional health related organizations, said the gathered signatures proves that Thailand should not welcome the congress of tobacco producers and marketers.

The anti-tobacco network is thus urging the Thai government to be more active in following the WHO Framework Convention on Tobacco Control (FCTC), the global treaty to which Thailand is a signatory, and which aims to curb tobacco use and its promotion. Article 5.3 of the WHO-FCTC, in particular, says that ‘In setting and implementing public health policies on to tobacco control, parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.’TNAT 2009 Chairman, Dr. Hatai Chitanondh, stated that the tobacco industry is trying to expand its market in Asia, with new tactics and strategies that target the youth. He noted the tobacco industry’s peddling of new products such as flavored and smoke-less cigarettes, neither of which actually lessen the dangers posed by smoking. The TabinfoAsia tobacco expo itself, he added, is a marketing and promotion event that should not be tolerated by any country. Dr. Hatai said: “Such behavior by the tobacco industry is directly challenging the international agreement of the WHO-FCTC. The tobacco industry has been pushed out of the developed world, and now it is trying to exploit the developing world. We are certain that it will try every trick in the bag to penetrate the Asian market”.

Dr. Jiraporn Limpananondh of the Pharmacology Network says events such as TabinfoAsia should be unacceptable, because through it the tobacco industry is trying to sell more products, which will cause tobacco-related deaths to rise. He added that the tobacco industry has been promoting itself to youth through misleading “corporate social responsibility” (CSR) programs.

Dr. Somsri Paosawas, called the holding of TabinfoAsia in Thailand “disturbing” given the health problems more smoking will aggravate in the country.

Dr. Churit Tengtrisorn, from the Ministry of Public Health, Thailand, said that the Ministry itself is against TabinfoAsia 2009, and the tobacco industry in general. He said officials will be monitoring the TabinfoAsia 2009 very closely, and that legal action will taken against any violators of anti-tobacco promotion regulations. Smoking inside convention site, or any display of cigarettes packs as well as other tobacco products will be considered violations, he warned.

Prof. Prakit Vathesatogkit, Secretary General of ASH Thailand added that around 90% of the tobacco product retailers comply with the law, however another 10% continue to violate the law and try to display their product at the point of sale. It is very likely that the tobacco industry is encouraging these retailers to continue to break the law.

Mr. Karoon Trakulpadethkrai, Laryngectomy Association in Thailand, lost his voice as a result from smoking cigarettes. As a former smoker, he has experienced the danger of smoking and now dedicates all of his time working to make sure that Thai people do not walk in the same path. He notes that each year, the association has around 100 new members. This year, however, the number of new members reached 100 as early as October. This is an indication that more people are suffering from smoking.

Ms. Pattida Kongsomboonchok, a high school student, says the youth is the primary target of the tobacco industry. She said she finds it embarrassing that Thailand is allowing the tobacco industry to plot their strategies to lure youth of the region into using their products. “We have to tell our friends, parents about the danger of smoking and boycott TabinfoAsia 2009,” she said.

Dr. Somchaichot Piyavatchwela, of the Rural Doctors Foundation, said the Thai government and local authorities are obligated to follow the Article 5.3 of the FCTC and should not get involved with, or accept anything from, the tobacco industry.

The TNAT 2009 groups submitted their petition against TabinfoAsia to Mr. Isara Sunthornwat, deputy secretary-general of the Prime Minister, and asked the government to boycott the TabinfoAsia 2009.

In response, Mr. Isara said that the government is committed to protecting the people of Thailand. In New York, Prime Minister Abhisit Vejajiva received numerous complaints from the tobacco company about the lack of support from the Thai government, Mr. Isara noted. But the Prime Minister stood firm and replied that out of respect for the law, the government will not allow anything to influence or harm the youth. Mr. Isara added that the Prime Minister is trying to include the petition against Tabinfo Asia into the agenda of his cabinet meeting.

November 3, 2009 - The U.S. Food and Drug Administration (FDA) is moving quickly to use its sweeping new tobacco powers despite facing swift legal action from cigarette makers, the agency's tobacco chief told Reuters on Tuesday.

Dr. Lawrence Deyton said lawsuits from companies such as Reynolds American Inc (RAI.N), Lorillard Inc (LO.N) and others are not slowing his work to set up the FDA's tobacco unit or take action against products that harm the public, especially children.

“We will arrange a meeting and will be having consultations to seek a fair solution to this matter,” Mari told the Jakarta Globe on Tuesday, November 3rd. The discussions, Mari said, are a preliminary response, but if no solution is found, then “at the end, it will be taken to the World Trade Organization (WTO).”

Mari said previously that the ban was highly detrimental to this country’s clove farmers and was in breach of WTO rules. Particularly galling to the Indonesian side, observers say, is the fact that menthol cigarettes were exempted from the ban on flavored cigarettes on the grounds that to prohibit them would only encourage bootlegging.The US ban is clearly being taken seriously here. As the world’s largest maker of kretek cigarettes, the country exports about $500 million worth a year, with about a fifth going to the US market, according to Sudjadnan Parnohadiningrat, Indonesia’s ambassador in Washington. In total, Indonesia supplied an estimated 99 percent of the US market for kretek.

However, all may not be lost. In the immediate aftermath of the ban, a canny California importer, Kretek International, attempted to get around it by relabelling the pungent sticks as cigars, only to be firmly told by the FDA that they were still cigarettes and still banned. (U.S. - Importer tries to get around clove cigarettes ban..)

The company, which imports Djarum-brand tobacco products, gave the kreteks a makeover by wrapping them in tobacco leaves, rather than thin papers and marketing them in packs of 12 cigarettes, rather than 20. Rather tellingly, the price worked out as the same cost as a pack of normal kretek cigarettes.

The Wall Street Journal reported on October 28 that the FDA “reminded the public that its ban applies to anything that fits a cigarette’s profile, even if it’s labeled as a ‘cigar’.” The US House of Representatives Committee on Energy and Commerce announced that it would conduct an investigation to discover whether the clove cigars were in fact nothing more than relabeled clove cigarettes, the Journal reported. (Clove cigars close but not cigarettes..)

November 4, 2009 - Smoking during pregnancy significantly increases the risk of having a child with behavioural problems, according to research published today. Disturbances can manifest themselves in children as young as three years old, the study in the Journal of Epidemiology and Community Health claims.

The findings are based on more than 14,000 mother-and-child pairs drawn from the millennium cohort study, a population-based study of children born between 2000 and 2001 whose families are receiving child benefit. The research was carried out by Professor Kate Pickett, at the department of health sciences at Hull York medical school, University of York.

Mothers, who were categorised as light or heavy smokers, depending on how many cigarettes they smoked every day during pregnancy, were asked to score their children's behaviour.The questionnaire, assessing three-year-olds, focused on behavioural problems and attention deficit hyperactivity disorders. Parents were asked to record and rate their child's temper, the frequency of physical fights with, and bullying of, other children, and whether they were argumentative with adults.

Hyperactivity and inattention were deduced from the levels of restlessness and fidgeting/squirming a child displayed, and the extent to which the child was easily distracted or their attention wandered.

Almost one in 10 of the mothers said they smoked heavily throughout their pregnancy; a further 12.5% said they smoked lightly during this period, and 12.4% said they stopped smoking while pregnant.

Having discounted differences in the mother's age at the child's birth, her level of education and socioeconomic status, family stability and problematic parenting, boys whose mothers smoked throughout pregnancy were found to be significantly more likely to have behavioural problems, be hyperactive and have low attention spans than boys whose mothers did not. Boys whose mothers smoked heavily throughout pregnancy were almost twice as likely to display behavioural problems, the report claimed.

The sons of light smokers (fewer than 10 cigarettes a day during pregnancy) were almost 80% more likely to have attention deficit hyperactivity disorders, while the daughters of both light and heavy smokers were significantly more likely to display behavioural problems by the time they were three years old than girls whose mothers did not smoke.

The study suggests smoking while pregnant may damage the developing structure and function of the foetal brain, a link already demonstrated in animals. The foetal development of boys may also be more sensitive to this kind of chemical assault, the authors speculate, which could explain why boys are more likely to have behavioural problems than girls.

These tough new anti-smoking laws have not filtered down to Cape Town's smokers, who are still puffing away in clubs and pubs. Amendments to the Tobacco Control Act came into effect on September 4, banning smoking in entertainment areas, including bars, clubs, restaurant patios and walkways, balconies and even in parkades.The amendments also banned smoking in cars in which children younger than 12 are passengers and put a stop to the sale of products such as sweets and chocolates by cigarette vendors. 'Smokers are just being targeted...'

While some smokers and restaurant owners claim ignorance of the new laws, others admit that they are aware of the laws and the consequences if caught contravening them.

A snap survey by the Cape Argus showed that many establishments still allow people to puff in walkways and on patios and balconies, while others even allow patrons to smoke indoors.

Paul van Staden of Pretoria, who was smoking outside the Red Moon coffee shop in Long Street, said he was aware of the new legislation but had chosen to ignore it as it was "offensive" to smokers. "I'm aware of it, but it sucks. Smokers are just being targeted... The government should focus on bigger issues such as drug smuggling and prostitution instead of wasting resources targeting smokers," he said.

David Stewart, of the Bo-Kaap, echoed Van Staden's sentiments. 'I don't understand why smoking outdoors is such a crime' "I think smokers should be given more input when these laws are created," he added.

Irish tourist Laura Brennan, who was smoking outside the Dubliner at Kennedy's in Long Street, said she did not know about the amendments and none of the establishments had told her about the new rules. "In Ireland, no smoking is permitted indoors, but I think it's still fairly reasonable of the South African government to ban smoking at restaurants and pubs because passive smoking can be very irritating for non-smokers," she said.

A manager at the Red Moon said most businesses found the new legislation confusing. "I don't understand why smoking outdoors is such a crime. "In my coffee shop, customers smoke in a walkway that is open on three sides. No one is affected by passive smoke," he said, adding that he couldn't stop customers from smoking. "Most people who support my coffee shop are smokers... If I tell them not to smoke outdoors, that will mean the end of my business," he said.

A manager at the Purple Turtle bar, where smokers were smoking inside, said that although his establishment had made changes to comply with the law, businesses like his would battle to survive if they did not allow smoking.

City Health head Dr Ivan Bromfield said the city was monitoring compliance very closely.

November 3, 2009 - New Delhi: Pictorial warnings on cigarette packets recently introduced by the government are about to be phased out, reports say. It is its a clear attempt to safe guard the interest of the people involved in the tobacco industry and to keep the government's crucial vote bank intact.

Initially, there were some gruesome pictures that depicted the worse possible effects of tobacco on the human body. These pictures were first notified by the Health Ministry in July 2006 as pictorial warnings for cigarette and gutka packets. But these pictures were shot down by the Group of Ministers (GoM) as 'objectionable'.

Former Union Labour Minister, Oscar Fernandes said, "If we're talking about making the pictures harsher, we may as well shut down the industry. There are several districts in West Bengal where poor bidi workers earn their livelihood from this."In a meeting of the GoM chaired by Pranab Mukherjee in July 2007, it was decided that the picture of the dead body be replaced with a 'suitable' one.

The minutes of the meeting available with CNN-IBN show that in the GoM, Pranab Mukharjee said, "A number of representations have been received from the bidi industry that employs a large number of workers from the weaker sections of society. The basic issues raised by the bidi industry relate to the size, colour and obnoxious nature of the pictorial warnings. Keeping this is view, the pictorial warnings may be modified."

The GOM also asked the Health Ministry to consult the Ministry of Law and remove the 'skull and cross bone' as a warning sign.

On February 26, 2008 the GoM finalized the pictures in which the pictorial warnings were completely watered down from the graphic ones to ones that make one wonder if the warnings are in fact serious enough or not.

Pranab Mukhejee won from the Jangipur constituency. It is notable that the Jangipur constituency has a sizable population of bidi workers. Votebank politics may well affect the way the smoke blows in the bidi, cigarette warning.